Success !

Coupon-mad

Really good.

Especially if the 2nd class envelope evidence is attached (in fact I would embed the envelope photo in the appeal doc itself as an illustration). I always think it's best to upload one illustrated 'story' document at POPLA stage, not several attachments that the Assessor might click on then forget about.

1505grandad

From a previous post:-

"Received response from landowner....."

Just checking  -  no hint as to who the driver was given in the complaint?

Fruitcake

This part is incorrect,

"2 September is 15 days after the date of the alleged contravention (18 August). Therefore, liability cannot be transferred to the keeper."

The 2nd of September is sixteen days from the date of the alleged event, 18th August, or fifteen days beginning with the day after that on which the alleged event occurred.

Sanka

Fruitcake said:

This part is incorrect,

"2 September is 15 days after the date of the alleged contravention (18 August). Therefore, liability cannot be transferred to the keeper."

The 2nd of September sixteen days from the date of the alleged event, 18th August, or fifteen days beginning with the day after that on which the alleged event occurred.

Ah ok, thanks for pointing that out 👍

Sanka

Hello!

Just to let you know that Popla have been in touch:

"If you have not paid your parking charge, the operator has reviewed your appeal and chosen to cancel the parking charge. As the operator has withdrawn your appeal, POPLA’s involvement has now ended and you do not need to take any further action"

No reason given - but yay!🎉

Thank you all so much for the advice, especially with the legislation, interpretation act etc. Couldn't have done it without you! 🙏

Coupon-mad

Sanka said:

Hello!

Just to let you know that Popla have been in touch:

"If you have not paid your parking charge, the operator has reviewed your appeal and chosen to cancel the parking charge. As the operator has withdrawn your appeal, POPLA’s involvement has now ended and you do not need to take any further action"

No reason given - but yay!🎉

Thank you all so much for the advice, especially with the legislation, interpretation act etc. Couldn't have done it without you! 🙏

Fantastic news! Easy when you know how.

How about making an online complaint to the BPA that this PPC knowingly misrepresented liability. They tried to hold you liable as keeper, but posted the NTK second class, which means the deemed date of delivery (set out in Schedule 4) cannot apply. This is a case of misleading the public and if you hadn't noticed the second class franking on the envelope you'd have been stuffed to prove the NTK was (by action entirely caused by the PPC themselves) bound to arrive too late for keeper liability.  If they are going to allege the keeper is liable they must use first class post to ensure the timelines in Schedule 4 can be applied.

Sanka

Yes will certainly look into complaining to BPA. I was thinking about it previously, by virtue of the operator not following BPA COP - less than 3 minutes 'consideration period'!

Thanks again!

Coupon-mad

Sanka said:

Yes will certainly look into complaining to BPA. I was thinking about it previously, by virtue of the operator not following BPA COP - less than 3 minutes 'consideration period'!

Thanks again!

Ah so that's a second string to the complaint.  Both valid complaint points.

ParkingEye need to move the angle of that camera and they'll only do that if the BPA sniff around.